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The Panamanian press reported that yesterday the two lawyers Norman
Castro and Julio Macias filed a complaint with the Court
Panamanian Supreme Court with the request to repeal the law
5 of 16 January 1997 with which the
concession agreement between the Panamanian State and Panama Ports
Company S.A. (PPC), the company of the CK Hutchison Group
Hong Kong Holdings that operates the Cristobal and Balboa ports
located at the northern and southern outlets respectively
of the Panama Canal. According to the two lawyers, the contract, which is
was automatically renewed for a further 25 years in 2021,
would violate at least ten articles of the Panamanian Constitution,
including Article 266 which would have been violated because the
contract is not the result of a public tender procedure.
Specifying that the complaint also accuses the PPC of not
pay taxes and social security contributions, the two lawyers have
underlined that the 1997 Act is very similar to the
mining contract where Panama gives a lot and receives in return
little. The reference is to the twenty-year contract with the company
Minera Panama, a subsidiary of the mining company
First Quantum Minerals, which has been approved with the
Law No. 406 of 20 October 2023 which on the following 8 November was
was declared unconstitutional by the Supreme Court. Castro and
Macias pointed out that the 1997 law is very similar
to that of the mining contract where Panama concedes a lot and receives
little.
Quite obvious, of course, are the probable, presumed connections
or far-fetched with the denunciations of the management of the Panama Canal and
the growing presence of Chinese interests in the Republic of
Panama expressed in recent months by Donald Trump, before and after the
New Inauguration in the White House as well as with the audit
Panama Ports Company started in mid-1940
last month by the Contraloría General de la República
de Panama
(
of the 21st,
23,
27
and 29
January 2025). Attacks to which the Panama Ports Company has replied
noting that only in the last three years the company has paid into the
Panamanian state coffers 59 million dollars, a figure that rises to
$658 million over the entire contract period
concession. In addition, PPC highlighted that in 2021 alone, it paid off
$165 million in dividends and extraordinary contributions,
including $35 million in dividend advances, equivalent
to five years of dividends, at the request of the Panamanian State to
financial crisis, and in the last three years
paid $38 million in taxes on the traffic of
containers periodically paid to the Panamanian State as established
by the contract approved by law. PCC then pointed out that
Panama Ports Company is the only Panamanian port operator
in which the Panamanian State is a shareholder and receives dividends and
payments for containerized traffic handled, which 99.9%
of the company's staff are Panamanian nationals
and that the company's investments in infrastructure and
equipment amounted to over $1.69 billion.